Question

Can the advisory opinion of the Supreme Court under Article 143 be considered a judicial precedent?

• A. No, because it is not considered a judgment
• B. Yes, because it is a judgment
• C. No, because it is not pronounced in open court
• D. Yes, because it is pronounced in open court

Hint:

Article 141 = binding precedent; Article 143 = advisory only. They are not the same.

Answer 1

The Correct Option is A

Step 1: What is Article 143?
Article 143 empowers the President to seek the Supreme Court’s advisory opinion on questions of law or fact of public importance.
Step 2: Why advisory opinions are not judicial precedents.
- They are *advisory*, not binding.
- They do not arise from adversarial proceedings.
- They are not considered judgments under Article 141.
- They do not bind lower courts. Step 3: Supreme Court’s own position.
The Court has repeatedly stated that advisory opinions do not have the same force as binding precedents. Step 4: Final conclusion.
Thus, the advice given under Article 143 cannot be treated as a judicial precedent.